Mumbai:
The Supreme Court judgment insisting on adequate space around buildings
at the ground level in Mumbai both as recreational areas and to allow
fire engines smooth passage has sent most developers and architects in a
sulk.

Construction of public parking lots — builders can get
more FSI for a plot if they provide space for the public to park — and
even captive parking in residential buildings would be adversely
affected, they complained. Also, redevelopment projects in the island
city — mostly small plots — would not be feasible unless the 6-metre
passageway on one side of a building for fireengines rule is relaxed.

“A
major part of development in the city and suburbs involves
redevelopment projects alone and unless there is relaxation in the open
space norms,they will notbe feasible. There has to be some equity in
regulation,’’ said architect Manoj Daisaria. The ruling’s impact will be
felt most in the B and C wards, covering Masjid Bunder, Bhendi Bazar,
Sandhurst Road, Dongri, Kalbadevi and Pydhonie, where pre-1960buildings
aboundin narrow lanes, he added.

Environmentalists and activists
hailed what they called a landmark ruling. “It is the first judgment
that has taken a holistic view of all aspects of urban
infrastructure,including ensuring better quality of life,” said
architect and urban researcher Neera Adarkar, adding that the SC has
done what the government has failed to do: protect the citizens’ right
to a healthy and safe environment.

“When it was difficult for
fire engines to reach a highrise in a tony part of the city recently,
one can only imagine how much risk people are put to in the far
more congested parts where old buildings stand cheek by jowl on small
plots,” added Adarkar.

Agreeing with Shyam Divan, counsel for
the Urban Design Research Institute, the judges had struckdown a rule
allowing 1.5m passages in redeveloped buildings, saying it “violated the
very right to life” of inhabitants of such plots where even 20-storey
towers could come up. “There has to be adequate space for manoeuvring
fire tankers,” the SCsaid, adding that redeveloped buildings must get a
nod from the city fire chief.

Building
owners in the B and C wards have lined up with applications for
reconstruction, but most of them stand on small—less than 600 sq
m—plots, said Daisaria. The SC’s insistence on 6m passageways will hit
them.

“The government has to come out with a new policy.It would
have to insist on amalgamating adjoining plots or take up redevelopment
for such small plots itself in the interest of the occupants and also fire safety,” added Daisaria.

Counting
their gains, activists hailed the SC direction that the state ought to
review the height of buildings in relation to the width of the closest
road and look into the availability of civic infrastructure, including
water supply and drainage facilities,while drawing up the development plan
for the city for the next 20 years.

WHAT BUILDERS SAY

Constructing enough parking for residential towers and public parking lots will be adversely affected

Redevelopment on small plots not feasible with 6m passage for fire engines norm

Govt must amalgamate such small plots to make redevelopment feasible or take up the schemes itself

ACTIVISTSPEAK

It is the first judgment that has taken a holistic view of all aspects of urban infrastructure, including ensuring better quality of life

Neera Adarkar | ARCHITECT AND URBAN RESEARCHERSC CLARIFIES BUILDING PLANS | Minimum
recreational ground space of 15-25% of the plot mentioned in
Development Control Regulation 23 is mandatory | The ground-level open
spaces cannot be placed on an open-to-sky podium | For redevelopment,
the minimum open space norm stays at 8% for small plots | Podiums
allowed only in plots covering more than 1,500 sq m | A 6m passage on
one side of buildings constructed on plots up to 600 sq m (6,400 sq ft)
must for easy access to fire engines | Exception permitting 1.5m
passages in smaller plots struck down | Special technical panel to look
into grievances of redevelopment schemes | Ruling will apply to
buildings that have not yet got commencement certificates

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